Jones Day Presents: Strategies for Dealing with the IRS: Going to Court
Making Effective Use of the Claims/Disputes Process
CPARS From A to Z
Going to the Court of Federal Claims or the Boards of Contract Appeal
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
The Court of Appeals for the Federal Circuit (CAFC) continues to redefine the Court of Federal Claims’ (COFC) ability to hear cases affecting all stages of the federal procurement process....more
A decision by the U.S. Civilian Board of Contract Appeals (the "Board" or "CBCA") in BES Design/Build, LLC v. General Services Administration, CBCA 7587 (April 6, 2023), further defines what it means to submit a "timely"...more
Forty-five years after enactment of the Contract Disputes Act of 1978 (CDA), contractors and agencies still often struggle to identify what is and isn’t a CDA claim—a term the CDA itself does not define. Until the CDA’s...more
Since the January Bid Protest Roundup marks the beginning of February, we begin with a takeaway that needs no supporting authority beyond common sense: if you have not already done so, get your Valentine’s Day gift now. ...more
While it is well settled that the U.S. Court of Federal Claims (the Claims Court) lacks bid protest jurisdiction over the majority of task or delivery order awards, the U.S. Court of Appeals for the Federal Circuit recently...more
This is the eighth (and last) of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors...more
This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to...more
A contracting officer’s unfavorable final decision is not the end of the road for a federal contractor’s claim for additional time and/or money on a federal project. Rather, a final decision is a mandatory prerequisite to...more
The well-worn adage that “you can’t fight City Hall” does not apply to federal government contractors. The Contract Disputes Act (CDA) provides the statutory framework governing contract disputes between contractors and the...more
In a previous post, we discussed the need to include a sum certain as part of a CDA claim. This requirement of course is but one of several needed for a CDA claim to be valid and for the Court of Federal Claims and the boards...more
While most federal contractors are eminently familiar with the False Claims Act (“FCA”)—government’s most potent weapons for prosecuting false claims—the anti-fraud provision of the Contract Disputes Act (“CDA”) does not...more
For federal contractors, the Contract Disputes Act (“CDA”)1 can be a double-edged sword. While the CDA allows contractors to assert contractual claims against the Government, the CDA also contains an anti-fraud provision that...more
The government has six years to obtain a court’s determination on fraud counterclaims, and the clock begins to run when the alleged fraud occurs. The Court of Federal Claims must determine liability on government...more
A letter from the contracting officer unequivocally directing the contractor to exclude specific costs from its cost submissions as unallowable may not be an appealable final decision. Contractors should seek...more
The Contract Disputes Act (CDA) governs claims under FAR-based Government contracts. More than forty years after its enactment in 1978, we are apparently still not all in agreement as to when the time for filing a claim has...more
Case remanded to Court of Federal Claims to clarify whether CAS Impact Calculation involving multiple unilateral changes may include contractor “offsets” Federal Circuit revives the question of whether the FAR 33.606...more
On May 19, 2020, the Federal Circuit upheld summary judgment against a government contractor for failure to file a claim timely within the six-year time limit prescribed by the Contract Disputes Act (CDA). In Electric Boat...more
The Court of Federal Claims recently affirmed its jurisdiction to settle disputes over protective markings in Raytheon Co. v. United States. In that case, Raytheon asked the Court to review a contracting officer’s demand that...more
Have you ever received a negative CPARS that you felt was unjustified? Did that negative CPARS cause you to lose other contract awards? That is what happened to the contractor-protester in Colonna Shipyard, Inc. v. U.S., a...more
Contract Disputes Act (CDA) claims offer Government Contractors the opportunity to recover costs incurred due to Government-caused changes or delays. While the initial focus often rests on proving liability, a recent Court of...more
The Court of Federal Claims’ decision in Panther Brands, LLC v. United States reminds us that (1) only contracting officers (COs), not their representatives (CORs), have authority to bind the government in contract, and (2)...more
The United States Court of Federal Claims (“Court”) addressed in an October 31st opinion a contractor’s request for equitable adjustment related to construction of a runway for the United States Navy (“Navy”). See Coffman...more
Everyone knows that “ignorance of the law is no excuse.” But what about ignorance of the facts? In Woodies Holdings, L.L.C. v. United States, the Court of Federal Claims recently rejected a Government defense against a...more
Most contractors know that they may submit a claim under the Contract Disputes Act (CDA) if a problem arises during performance. However, many contractors are not aware that the government also has the ability to bring a...more
A few months back, my colleague, Michelle Litteken, wrote a blog post titled “Don’t Get Lost Filing and Prosecuting CDA Claims.” She discussed a decision, Securiforce International America, LLC v. United States, in which the...more